Is it possible to submit One (1) Single Largest Contract for a bid divided into 2 Lots (each lot is independent of each lot though the same items)? or we need to submit a separate contract for each Lot?

Lord_007 wrote:Is it possible to submit One (1) Single Largest Contract for a bid divided into 2 Lots (each lot is independent of each lot though the same items)? or we need to submit a separate contract for each Lot?

Thanks

The term single largest contract refers to contract and not on lot. If there is a separate award for each lot, it would only be considered as one (1) contract for every lot. No matter how similar lots could be, for as long as they are accomplished as separate and independent contracts, we should treat them individually.

engrjhez®

Grand Master

Number of posts : 2481Age : 39Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPSRegistration date : 2008-10-31

Thanks engrjhez, I am asking caused We have this Bid and I have this single largest contract that I can use for Lot 1 (amount is enough only for Lot 1), lot 2 is also the same Item. My problem is, BAC is claiming I cannot used the same contract for lot 2 as I used it already for lot 2.

Is this possible? Are there any specific provision in the IRR or any issuance of GPPB that I can use? Thanks

Lord_007 wrote:Thanks engrjhez, I am asking caused We have this Bid and I have this single largest contract that I can use for Lot 1 (amount is enough only for Lot 1), lot 2 is also the same Item. My problem is, BAC is claiming I cannot used the same contract for lot 2 as I used it already for lot 2.

Is this possible? Are there any specific provision in the IRR or any issuance of GPPB that I can use? Thanks

Let us go back to that provision for infra projects:

23.5.2.5. The prospective bidder must have an experience of having completed, within a period of ten (10) years from the date of submission and receipt of bids, at least one (1) contract that is similar to the contract to be bid, and whose value, adjusted to current prices using the NSO consumer price indices, must be at least fifty percent (50%) of the ABC to be bid: x x x

The above provision does not require the experience to be project specific. When the law does not distinguish, we should not distinguish. Further, there is no basis on limiting the items/lot to be participated. The only instance deprivation of another project would be possible is when an on-going project have significantly reduced the contractor's NFCC such that it falls below the ABC of the said project. But even on that case, a remedy is possible by obtaining a credit line commitment from a universal/commercial bank.

engrjhez®

Grand Master

Number of posts : 2481Age : 39Company/Agency : City Government of Bacoor [Region IV-A, Province of Cavite]Occupation/Designation : Office of the City Legal Service (OCLS) / Certified National Trainer - PhilGEPSRegistration date : 2008-10-31

sirs, for me to understand this, I would like to make scenario and raise my query after:

Scenario: Government Agency (GA) conducted public bidding for Lot A and Lot B which are the same in nature just like your example above

Query: Are bidders required to submit different single largest contract (SLC) each for Lot A and Lot B, say SLC A for Lot A and SLC B for Lot B? Or can a bidder submit the same SLC A for Lot A and Lot B for as long at each each eligibility documents the bidder for Lot A and Lot submitted has the SLC A in it?

regina avelino wrote:sirs, for me to understand this, I would like to make scenario and raise my query after:

Scenario: Government Agency (GA) conducted public bidding for Lot A and Lot B which are the same in nature just like your example above

Query: Are bidders required to submit different single largest contract (SLC) each for Lot A and Lot B, say SLC A for Lot A and SLC B for Lot B? Or can a bidder submit the same SLC A for Lot A and Lot B for as long at each each eligibility documents the bidder for Lot A and Lot submitted has the SLC A in it?

Please advise po. salamat.

Hello po. In my layman's understanding, the "single largest contract" eligibility requirement is to prove that the bidder is indeed technically capable and experienced in implementing the project to be bid. Unlike the "manpower" and "equipment" requirements where a bidder cannot use the same personnel and equipment at the same time in bidding simultaneous projects in the same agency, the experience gained from the successful implementation of the cited SLC will sufficiently satisfy the needed requirements in all the said simultaneous Projects to be bid. It is therefore my take, that one SLC is enough for both your LOT A and LOT B scenario. Besides, to submit different SLCs on several the same-nature projects, would invite trouble from hair-splitting nit-picking hostile BAC, after all only ONE project could be considered as the single LARGEST contract.

regina avelino wrote:sirs, for me to understand this, I would like to make scenario and raise my query after:

Scenario: Government Agency (GA) conducted public bidding for Lot A and Lot B which are the same in nature just like your example above

Query: Are bidders required to submit different single largest contract (SLC) each for Lot A and Lot B, say SLC A for Lot A and SLC B for Lot B? Or can a bidder submit the same SLC A for Lot A and Lot B for as long at each each eligibility documents the bidder for Lot A and Lot submitted has the SLC A in it?

Please advise po. salamat.

Hello po. In my layman's understanding, the "single largest contract" eligibility requirement is to prove that the bidder is indeed technically capable and experienced in implementing the project to be bid. Unlike the "manpower" and "equipment" requirements where a bidder cannot use the same personnel and equipment at the same time in bidding simultaneous projects in the same agency, the experience gained from the successful implementation of the cited SLC will sufficiently satisfy the needed requirements in all the said simultaneous Projects to be bid. It is therefore my take, that one SLC is enough for both your LOT A and LOT B scenario. Besides, to submit different SLCs on several the same-nature projects, would invite trouble from hair-splitting nit-picking hostile BAC, after all only ONE project could be considered as the single LARGEST contract.

Thanks po.

Tama ka diyan, orlan. The bidder has to submit a list of ALL its completed and ongoing projects, including those awarded though not yet started, whether they are similar or not to the contract that is being bidded out. It will now be up to the BAC to determine which of the projects are similar and comply the requirement of its value which should be at least 50% of the ABC of the project being bidded. If one completed project satisfies both Lots, then it complies with the requirement.